USA v. Muhammed Momtaz Al-Azhari

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 21-10455
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MUHAMMED MOMTAZ AL-AZHARI,
Defendant-Appellant.
____________________
Appeal from the United States District Court
for the Middle District of Florida
D.C. Docket No. 8:20-cr-00206-TPB-AEP-1
____________________
USCA11 Case: 21-10455 Date Filed: 11/22/2022 Page: 1 of 2

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2 Opinion of the Court 21-10455
Before WILSON, J ILL PRYOR , and H ULL , Circuit Judges.
PER CURIAM:
The district court denied defendant-appellant Muhammed
Momtaz Al-Azhari’s January 15, 2021 motion for injunctive relief
on the basis that it lacked jurisdiction over the administrative
forfeiture proceedings. Mr. Al-Azhari concedes that the purpose of
his motion was to require the government to retain the forfeited
property indefinitely so that he might eventually regain possession
of it. After review, and with the benefit of oral argument, we
conclude that Mr. Al-Azhari’s motion was an attempt to undo the
forfeiture, and we agree with the district court that it lacked
jurisdiction to do so. Accordingly, we affirm the district court’s
denial of Mr. Al-Azhari’s motion. We also deny as moot the
government’s July 21, 2021 motion to dismiss the appeal.
AFFIRMED.
USCA11 Case: 21-10455 Date Filed: 11/22/2022 Page: 2 of 2

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